Madras High CourtWP(MD)/6825/2020dismissed

K.Sudhanraj v. The District Collector

2020-06-22Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

W.P.(MD) No.6825 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD) No.6825 of 2020 K.Sudhanraj ... Petitioner -vs1.The District Collector The District Collectrate Tenkasi, Tenkasi District 2.The Tahsildar Alangulam Tenkasi District-627 851 3.The Executive Officer Special Grade Town Panchayat Alangulam, Tenkasi District-627 851 4.T.Ramaselvam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of writ of certiorarified mandamus calling for the records relating to the impugned order passed by the third respondent in Na.Ka.No.156/2020 dated 18.05.2020 as illegal and quash the same and consequently direct the the respondents 1 to 3 to take necessary action by adhering due process of law by considering the petitioner's representation dated 08.05.2020 within the time stipulated by this Court.

For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.R.Sethuraman Special Government Pleader for R1 & R2 Mr.R.Murugan Additional Government Pleader for R3

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] The prayer in the writ petition is for issuance of writ of certiorarified mandamus to call for the records relating to the impugned order, dated 18.05.2020, passed by the third respondent in Na.Ka.No.156/2020 as illegal; to quash the same and consequently to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.6825 of 2020 direct the respondents 1 to 3 to take necessary action by adhering due process of law by considering the petitioner's representation dated 08.05.2020, within the time stipulated by this Court.

2. It is the case of the petitioner that the fourth respondent is constructing a building encroaching into his rights. In this regard, the third respondent has sent a communication, dated 18.05.2020, wherein it is clearly stated that there is no encroachment as alleged by the petitioner.

3. Be that as it may, a public interest litigation is not maintainable for the relief prayed for by the petitioner. Hence, the writ petition is dismissed with liberty to the petitioner to workout his remedies in the manner known to law. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Krk Note :

In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The District Collector, The District Collectorate, Tenkasi, Tenkasi District.

2.The Tahsildar, Alangulam, Tenkasi District-627 851.

3.The Executive Officer, Special Grade Town Panchayat, Alangulam, Tenkasi District-627 851.

W.P.(MD) No.6825 of 2020 22.06.2020 AP(30/06/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2